The complexity of laws and jurisdictional issues affecting corporate social responsibility (CSR) is increasing. Lawyers must counsel their clients on a range of CSR topics: business and human rights, anti-corruption, ethical sourcing and lending, privacy, and non-judicial grievance mechanisms. With the prevalence of cross-border class actions and extraterritorial jurisdiction, the importance of properly advising companies on the range of CSR issues can not be sufficiently stressed.
In this webinar, Scott Fairley and Yousuf Aftab explain how Canadian corporate liability for transnational human rights abuses has evolved in recent years, driven by tort law. They identify relevant trends in recent cases, explore the source of shifting jurisprudence, and explain the practical implications for companies seeking to mitigate these (substantial) emerging risks.
Scott begins with a summary of recent developments, exploring recent Canadian cases that suggest an expanded ambit of corporate liability for human rights abuses in foreign jurisdictions and distinguishing them from prior jurisprudence in which Canadian courts were generally averse to taking jurisdiction over alleged human rights abuses in foreign jurisdictions and explaining why the jurisprudential shift took place.
Yousuf takes us through the role of corporate responsibility (CR) standards, which have been instrumental in driving the evolution of corporate liability by reforming the definition of the “reasonable business”. The Guiding Principles on Business and Human Rights—the most influential of these standards—have redefined expectations of how transnational corporations conduct social impact due diligence. Yousuf explores the implications of these expectations, which underpin the recent cases, for Canadian multinationals across industries and goes in depth into the practical risk mitigation strategies for companies and their counsel.
Webinar length: 50 minutes of Substantive content and 20 minutes of Professionalism content (pending LSUC approval)
Available session formats and materials